§ 66-66. Nursing homes and other community based residential facilities.

(a)

Definitions. As used in this section:

Health department means the county health department.

Nursing home and other community based residential facility means any institution, building, residence, private home, or other place, whether operated for profit or not, including those places operated by a county or municipality, which undertakes through its ownership or management to provide housing, food service, nursing care or custodial care over a period exceeding 24 hours for three or more persons not related to the owner or manager by blood or marriage, but shall not include any place providing care and treatment primarily for the acutely ill. A facility offering services for less than three persons shall be within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services.

Resident means any person residing in and receiving care or personal services from a nursing home or other community based residential facility.

(b)

Purpose. The purpose of this section is to protect the health, safety, and general welfare of the citizens of the county by prevention of disease and injury among nursing home and other community based residential facility residents through the maintenance of high standards of care in a safe, sanitary environment which provides the basic elements of human comfort. In order to accomplish the foregoing purpose, it is deemed necessary to establish a system of permits for nursing homes and other community based residential facilities.

(c)

Prohibitions and duties.

(1)

No person shall operate or maintain any nursing home or other community based residential facility without first obtaining and maintaining, on a current basis, a valid permit from the health department.

(2)

No construction, extension, or alteration of a nursing home or other community based residential facility shall take place before the complete plans for such establishments showing existing and proposed facilities have been approved in writing by the health department.

(3)

Permits issued under this section shall not be transferable from one person to another or from one physical location to another unless written permission is first obtained from the health department.

(4)

Permits issued under this section shall be conspicuously displayed at the location of the business office of the person holding the permit.

(d)

Inspections and permits.

(1)

The health department shall inspect the applicable facilities and equipment of each applicant for a permit under this section prior to issuing such permit.

(2)

The health department regularly shall inspect the operations and the applicable facilities and equipment of each person holding a nursing home or other community based residential facility permit, but in no case less than twice each year.

(3)

The health department shall issue a permit to each applicant or renewal applicant who meets the minimum requirements for the maintenance and operation of a nursing home or other community based residential facility and who pays any required service fees; it shall deny permits to all other applicants. "Minimum requirements for the maintenance and operation of a nursing home or other community based residential facility" shall mean all requirements set by state law; by regulations adopted thereunder, including but not limited to chapter 64E-12 of the Florida Administrative Code; and by county and municipal ordinances; all of which are hereby adopted by reference as part of this section. The permit fees shall be established by resolution as set by the board of county commissioners.

(4)

Permits shall be valid for the length of time issued, but in no case for more than one year.

(e)

Areas embraced. All territory within the legal boundaries of Pinellas County, Florida, including all incorporated and unincorporated areas, shall be embraced by the provisions of this section.

(Ord. No. 79-28, §§ 1—4, 7, 10-2-79; Ord. No. 01-32, § 1, 5-15-01; Ord. No. 10-66, § 5, 11-30-10)

Charter reference

Conflicts between county and municipal ordinances, §§ 2.01, 2.04.